Draft Statement - can I insist they include evidence from Parent Report?

[Grey24]

I'm trying to finalise my comments (changes I would like made) on the Draft Statement - it's the first time we've done this. There are things which are (imo) important about our DD which are not mentioned in the Draft, but are clearly there in my Parent Report.

I think the problem is that when the Ed Psych saw her (for 90 mins), they didn't notice these things - and the Draft has mainly quoted that report and the SALT report and added a few bullet points from mine.

I've read the Code of Practice but it seems ambiguous whether I can argue that my Parent report must be treated as 'Advice' equal to that of the Ed Psych and others, or not. These issues are fairly crucial to the support (eg anxiety issues, problems with transitions).
Grateful for anyone's experience of asking for their parent-evidence to be included.

Oh, and also, the LA claim that they don't ever specify how many hours a TA should do support for - which I know from reading Mumsnet and Govt guidance that they should do. But they insist that this 'isn't the way we write Statements'. My DD needs TA support for most of the day, but it felt v difficult to argue with that. But I can, can't I..? I knew they were wrong but it's their job and I found I couldn't seem to say 'well, I read the Code of Practice and it said...', even though I had notes right there in front of me. Again, experience gratefully received.

All the 'advices' that form part of a Statement should carry equal weight however most LAs disregard the Parental Advice.

Having received the proposed Statement you have 15 days in which to notify the LA that you want changes i.e. your advice specifically quoted in the Statement. The LA will be very reluctant to do so and will insist on evidence to back up each of your assertions e.g. for " anxiety issues " you would need to prove these, probably by having another 'professional' refer to them in writing, same for the "transition difficulties".

The bottom line is that difficulties cost money to support. As the LA is the body that has to pay for their support it would rather identify as few problems as possible and minimise those it does acknowledge.

Part 2 should include every difficulty so that specific support for each of those difficulties can be stated in Part 3. If Part 2 is weak and incomplete then the Part 3 support will be insufficient.

Yes, LAs must quantify support (except in very rare cases and even then the failure to specify is because it would benefit the child not to specify). So your Statement should be specified.

You may get your LA to change the Statement to your satisfaction but if it won't do so you'd need to appeal to Tribunal.

I knew they were wrong but it's their job and I found I couldn't seem to say 'well, I read the Code of Practice and it said...', even though I had notes right there in front of me.

Actually you can.

You need to change your mindset. You are not dealing with reasonable people when you are dealing with most LAs. As I said above their aim is to spend as little as they can on your child whereas your aim is to get the correct level of support for your child. Your aims are not compatible. And, shocking and incredible though it may seem, the LA will lie and will misinform. It's not personal it's just another of their money-saving tactics.

You need to get very sceptical and quite aggressive in making your case - they'll almost be expecting it.

Wet has given very good advice. There is some info on specification and quantification here

Thank you for you help and advice. I feel quite dispirited and low about the whole everything. My DD has shouted out for me 5 times from her sleep/wake just this evening, and has never slept through the night even though she's now 4. I feel like I've given everything I have just to keep going this long and I spent a ridiculous amount of time and effort on my Parent Report because I thought it might matter and that I had to do everything I could to 'get the statement right' for her. Except that I realise I shouldn't have bothered because it's worthless and carries no weight at all, despite all they say about 'parents as partners'. I know I should be strong and aggressive, and I'm sorry I've failed. I'll try again on Monday to find a way of saying 'I know better than you', but I find it very difficult even when I know I'm the only one fighting for DD and she needs me to do it. Thanks for replying, I'll try again.

Hi

Let's be clear - You have not failed in any way, shape or form. You trusted school and your LA to act in the best interests of your child. It's a shock and a disappointment when you realise that, to them, it all about money and not about helping your child.

Quote the SEN COP to them if you want to. They may even ask you what it is - incredibly some of them haven't even read it! But you have, and you know what support your child should be receiving so the knowledge you have empowers you to get it for her.

So you don't have a 'worthless' statement at all - you have a draft document that you can get changed and which can then deliver the support your child needs.

So take a look at Part 2 and ensure it lists all the difficulties - if not ask the LA to add the omitted ones and enclose your evidence of these difficulties. Then look at Part 3 and ensure that there's quantified support for every difficulty that should be in Part 2. If not, tell the LA that you need additional support in Part 3.

Yes, it's a battle with the LA and it's doubly difficult for a parent with a child who has SNs that take up so much of your free time. But, we say on this board "You are your child's only advocate" - and it's true. Nobody else will be bending over backwards to help so that role falls to you.

Keep in touch and if you've got any questions there are some very experienced folk on here who will be able to help you with the answers.

My DS1 has just had his proposed statement written, and we are returning it signed as approved on Monday. The document looked like this; my parent report made up part 1 describing my child etc. and the Ed Psych's report made up part 2 and the advice part 3. I added things to part 2 and and part 3, which the LA approved after conversations that we both had with the Ed Psych. I also insisted that they increased the support given from 20 hours to 30 hours, and the school provided the evidence to support that request. This was also approved.

The statementing process is very emotional. Don't lose your temper or your nerve - choose your words carefully and if you have conversations with the LA/school/Ed Psych always back it up with an email. I also insist that they send all three of my DC's statements as an electronic version, in addition to the paper version, so that I can make amendments and return them quickly. This is how I've been doing it for the last five years, and it seems to work.

Keep at it, it's a fight worth having.